208 lines
11 KiB
Text
208 lines
11 KiB
Text
Community Data License Agreement – Sharing – Version 1.0
|
||
|
||
This is the Community Data License Agreement – Sharing, Version 1.0 (“Agreement”).
|
||
Data is provided to You under this Agreement by each of the Data Providers.
|
||
Your exercise of any of the rights and permissions granted below constitutes
|
||
Your acceptance and agreement to be bound by the terms and conditions of this
|
||
Agreement.
|
||
|
||
The benefits that each Data Provider receives from making Data available and
|
||
that You receive from Data or otherwise under these terms and conditions shall
|
||
be deemed sufficient consideration for the formation of this Agreement. Accordingly,
|
||
Data Provider(s) and You (the “Parties”) agree as follows:
|
||
|
||
Section 1. Definitions
|
||
|
||
1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting
|
||
in Your “Additions.” Additions do not include Results.
|
||
|
||
1.2 “Computational Use” means Your analysis (through the use of computational
|
||
devices or otherwise) or other interpretation of Data. By way of example
|
||
and not limitation, “Computational Use” includes the application of any computational
|
||
analytical technique, the purpose of which is the analysis of any Data in
|
||
digital form to generate information about Data such as patterns, trends,
|
||
correlations, inferences, insights and attributes.
|
||
|
||
1.3 “Data” means the information (including copyrightable information, such
|
||
as images or text), collectively or individually, whether created or gathered
|
||
by a Data Provider or an Entity acting on its behalf, to which rights are
|
||
granted under this Agreement.
|
||
|
||
1.4 “Data Provider” means any Entity (including any employee or contractor
|
||
of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
|
||
Data under this Agreement prior to Your Receiving it.
|
||
|
||
1.5 “Enhanced Data” means the subset of Data that You Publish and that is
|
||
composed of (a) Your Additions and/or (b) Modifications to Data You have received
|
||
under this Agreement.
|
||
|
||
1.6 “Entity” means any natural person or organization that exists under the
|
||
laws of the jurisdiction in which it is organized, together with all other
|
||
entities that control, are controlled by, or are under common control with
|
||
that entity. For the purposes of this definition, “control” means (a) the
|
||
power, directly or indirectly, to cause the direction or management of such
|
||
entity, whether by contract or otherwise, (b) the ownership of more than fifty
|
||
percent (50%) of the outstanding shares or securities, (c) the beneficial
|
||
ownership of such entity or, (d) the ability to appoint, whether by agreement
|
||
or right, the majority of directors of an Entity.
|
||
|
||
1.7 “Ledger” means a digital record of Data or grants of rights in Data governed
|
||
by this Agreement, using any technology having functionality to record and
|
||
store Data or grants, contributions, or licenses to Data governed by this
|
||
Agreement.
|
||
|
||
1.8 “Modify” means to delete, erase, correct or re-arrange Data, resulting
|
||
in “Modifications.” Modifications do not include Results.
|
||
|
||
1.9 “Publish” means to make all or a subset of Data (including Your Enhanced
|
||
Data) available in any manner which enables its Use, including by providing
|
||
a copy on physical media or remote access. For any form of Entity, that is
|
||
to make the Data available to any individual who is not employed by that Entity
|
||
or engaged as a contractor or agent to perform work on that Entity’s behalf.
|
||
A “Publication” occurs each time You Publish Data.
|
||
|
||
1.10 “Receive” or “Receives” means to have been given access to Data, locally
|
||
or remotely.
|
||
|
||
1.11 “Results” means the outcomes or outputs that You obtain from Your Computational
|
||
Use of Data. Results shall not include more than a de minimis portion of
|
||
the Data on which the Computational Use is based.
|
||
|
||
1.12 “Sui Generis Database Rights” means rights, other than copyright, resulting
|
||
from Directive 96/9/EC of the European Parliament and of the Council of 11
|
||
March 1996 on the legal protection of databases, as amended and/or succeeded,
|
||
as well as other equivalent rights anywhere in the world.
|
||
|
||
1.13 “Use” means using Data (including accessing, copying, studying, reviewing,
|
||
adapting, analyzing, evaluating, or making Computational Use of it), either
|
||
by machines or humans, or a combination of both.
|
||
|
||
1.14 “You” or “Your” means any Entity that Receives Data under this Agreement.
|
||
|
||
Section 2. Right and License to Use and to Publish
|
||
|
||
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
|
||
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
|
||
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
|
||
Data.
|
||
|
||
2.2 To the extent that the Data or the coordination, selection or arrangement
|
||
of Data is protected or protectable under copyright, Sui Generis Database
|
||
Rights, or other law, Data Provider(s) further agree(s) that such Data or
|
||
coordination, selection or arrangement is hereby licensed to You and to anyone
|
||
else who Receives Data under this Agreement for Use and Publication, subject
|
||
to the conditions set forth in Section 3 of this Agreement.
|
||
|
||
2.3 Except for these rights and licenses expressly granted, no other intellectual
|
||
property rights are granted or should be implied.
|
||
|
||
Section 3. Conditions on Rights Granted
|
||
|
||
3.1 If You Publish Data You Receive or Enhanced Data:
|
||
|
||
(a) The Data (including the Enhanced Data) must be Published under this Agreement
|
||
in accordance with this Section 3; and
|
||
|
||
(b) You must cause any Data files containing Enhanced Data to carry prominent
|
||
notices that You have changed those files; and
|
||
|
||
(c) If You Publish Data You Receive, You must preserve all credit or attribution
|
||
to the Data Provider(s). Such retained credit or attribution includes any
|
||
of the following to the extent they exist in Data as You have Received it:
|
||
legal notices or metadata; identification of the Data Provider(s); or hyperlinks
|
||
to Data to the extent it is practical to do so.
|
||
|
||
3.2 You may not restrict or deter the ability of anyone who Receives the Data
|
||
(a) to Publish the Data in a publicly-accessible manner or (b) if the project
|
||
has designated a Ledger for recording Data or grants of rights in Data for
|
||
purposes of this Agreement, to record the Data or grants of rights in Data
|
||
in the Ledger.
|
||
|
||
3.3 If You Publish Data You Receive, You must do so under an unmodified form
|
||
of this Agreement and include the text of this Agreement, the name of this
|
||
Agreement and/or a hyperlink or other method reasonably likely to provide
|
||
a copy of the text of this Agreement. You may not modify this Agreement or
|
||
impose any further restrictions on the exercise of the rights granted under
|
||
this Agreement, including by adding any restriction on commercial or non-commercial
|
||
Use of Data (including Your Enhanced Data) or by limiting permitted Use of
|
||
such Data to any particular platform, technology or field of endeavor. Notices
|
||
that purport to modify this Agreement shall be of no effect.
|
||
|
||
3.4 You and each Data Provider agree that Enhanced Data shall not be considered
|
||
a work of joint authorship by virtue of its relationship to Data licensed
|
||
under this Agreement and shall not require either any obligation of accounting
|
||
to or the consent of any Data Provider.
|
||
|
||
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
|
||
of Results.
|
||
|
||
Section 4. Data Provider(s)’ Representations
|
||
|
||
4.1 Each Data Provider represents that the Data Provider has exercised reasonable
|
||
care, to assure that: (a) the Data it Publishes was created or generated by
|
||
it or was obtained from others with the right to Publish the Data under this
|
||
Agreement; and (b) Publication of such Data does not violate any privacy or
|
||
confidentiality obligation undertaken by the Data Provider.
|
||
|
||
Section 5. Termination
|
||
|
||
5.1 All of Your rights under this Agreement will terminate, and Your right
|
||
to Receive, Use or Publish the Data will be revoked or modified if You materially
|
||
fail to comply with the terms and conditions of this Agreement and You do
|
||
not cure such failure in a reasonable period of time after becoming aware
|
||
of such noncompliance. If Your rights under this Agreement terminate, You
|
||
agree to cease Receipt, Use and Publication of Data. However, Your obligations
|
||
and any rights and permissions granted by You under this Agreement relating
|
||
to Data that You Published prior to such termination will continue and survive.
|
||
|
||
5.2 If You institute litigation against a Data Provider or anyone else who
|
||
Receives the Data (including a cross-claim in a lawsuit) based on the Data,
|
||
other than a claim asserting breach of this Agreement, then any rights previously
|
||
granted to You to Receive, Use and Publish Data under this Agreement will
|
||
terminate as of the date such litigation is filed.
|
||
|
||
Section 6. Disclaimer of Warranties and Limitation of Liability
|
||
|
||
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
|
||
DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
|
||
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
|
||
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
|
||
PARTICULAR PURPOSE.
|
||
|
||
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
|
||
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
||
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
||
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
||
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
|
||
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
||
DAMAGES.
|
||
|
||
Section 7. Miscellaneous
|
||
|
||
7.1 You agree that it is solely Your responsibility to comply with all applicable
|
||
laws with regard to Your Use or Publication of Data, including any applicable
|
||
privacy, data protection, security and export laws. You agree to take reasonable
|
||
steps to assist a Data Provider fulfilling responsibilities to comply with
|
||
applicable laws with regard to Use or Publication of Data Received hereunder.
|
||
|
||
7.2 You and Data Provider(s), collectively and individually, waive and/or
|
||
agree not to assert, to the extent permitted by law, any moral rights You
|
||
or they hold in Data.
|
||
|
||
7.3 This Agreement confers no rights or remedies upon any person or entity
|
||
other than the Parties and their respective heirs, executors, successors and
|
||
assigns.
|
||
|
||
7.4 The Data Provider(s) reserve no right or expectation of privacy, data
|
||
protection or confidentiality in any Data that they Publish under this Agreement.
|
||
If You choose to Publish Data under this Agreement, You similarly do so with
|
||
no reservation or expectation of any rights of privacy or confidentiality
|
||
in that Data.
|
||
|
||
7.5 The Community Data License Agreement workgroup under The Linux Foundation
|
||
is the steward of this Agreement (“Steward”). No one other than the Steward
|
||
has the right to modify or publish new versions of this Agreement. Each version
|
||
will be given a distinguishing version number. You may Use and Publish Data
|
||
Received hereunder under the terms of the version of the Agreement under which
|
||
You originally Received the Data, or under the terms of any subsequent version
|
||
published by the Steward.
|